Thirthalingappa vs Sri K.N.Manjachari
2022 Latest Caselaw 5396 Kant

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       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

          DATED THIS THE 24TH DAY OF MARCH, 2022

                         BEFORE

           THE HON'BLE MR. JUSTICE H.P. SANDESH

          CRIMINAL REVISION PETITION NO.153/2016

BETWEEN:

THIRTHALINGAPPA
S/O HALESHAPPA
AGED ABOUT 44 YEARS
EMPLOYEE OF VARTHA ELAKE
MYSURU CITY, MYSURU-570 002.              ... PETITIONER

         (BY SRI N.G.PARAMESHWARAPPA, ADVOCATE)

AND:

SRI K.N. MANJACHARI
S/O NANJACHARI
AGED ABOUT 45 YEARS
BUSINESSMAN
RESIDING AT TALUK OFFICE ROAD
SHIKARIPUR TOWN/TALUK-577 427
SHIVAMOGGA DISTRICT.                     ... RESPONDENT

              (BY SRI K.NAGALINGAPPA, HCGP)

     THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTION 397 R/W. SECTION 401 OF CR.P.C PRAYING TO SET
ASIDE THE JUDGMENT PASSED BY THE III ADDITIONAL
SESSIONS JUDGE, SHIVAMOGGA IN CRIMINAL APPEAL
NO.44/2014 DATED 02.01.2016 AS PER ANNEXURE-A AND
JUDGMENT PASSED BY THE CIVIL JUDGE AND JMFC.,
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SHIKARIPURA IN C.C.NO.1260/2005 DATED 21.01.2014 AS PER
ANNEXURE-B AND ACQUIT THE PETITIONER.

     THIS CRIMINAL REVISION PETITION COMING ON FOR
FINAL HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

                            ORDER

Both parties have filed an application under Section 147(2)

of the N.I.Act, seeking permission to compromise the matter,

which is duly signed by both the parties and their respective

counsel.

2. In terms of the application, the respondent has

received a sum of Rs.3 Lakhs in cash before this Court towards

full and final settlement and the same is acknowledged by the

respondent.

3. In addition to that, the Trial Court imposed a fine of

Rs.2,000/-, the same shall vest with the state. The learned

counsel for the petitioner prays to deposit the fine amount

before this Court instead of before the Trial Court.

4. In view of the settlement arrived between the

parties, the accused/petitioner is acquitted for the offence

punishable under Section 138 of the N.I.Act. The learned counsel

for the petitioner is directed to deposit the fine amount and place

the receipt for having paid the fine amount of Rs.2,000/- in this

office within four days.

5. Accordingly, the revision petition stands disposed of.

Sd/-

JUDGE

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